Minnesota Session Laws - 2001, Regular Session

                            CHAPTER 69-H.F.No. 1522 
                  An act relating to health; modifying requirements for 
                  full-time nursing home administrators; amending 
                  Minnesota Statutes 2000, section 144A.04, subdivision 
                  5; repealing Minnesota Statutes 2000, section 144A.04, 
                  subdivisions 5a, 7a; Minnesota Rules, part 4658.0055, 
                  subpart 2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 144A.04, 
        subdivision 5, is amended to read: 
           Subd. 5.  [ADMINISTRATORS.] Except as otherwise provided by 
        this subdivision, a nursing home must have a full time licensed 
        nursing home administrator serving the facility.  
        Notwithstanding sections 144A.18 to 144A.27, in any nursing home 
        of less than 45 beds, the director of nursing services may also 
        serve as the licensed nursing home administrator without being 
        licensed as a nursing home administrator, provided the director 
        of nursing services has passed the state law and rules 
        examination administered by the board of examiners for nursing 
        home administrators and maintains evidence of completion of 20 
        hours of continuing education each year on topics pertinent to 
        nursing home administration.  Two nursing homes under common 
        ownership or management pursuant to a lease or management 
        contract having a total of 150 beds or less and located within 
        75 miles of each other may share the services of a licensed 
        administrator if the administrator divides the full-time work 
        week between the two facilities in proportion to the number of 
        beds in each facility.  Every nursing home shall have a 
        person-in-charge on the premises at all times in the absence of 
        the licensed administrator. (a) Each nursing home must employ an 
        administrator who must be licensed or permitted as a nursing 
        home administrator by the board of examiners for nursing home 
        administrators.  The nursing home may share the services of a 
        licensed administrator.  The administrator must maintain a 
        sufficient on-site presence in the facility to effectively 
        manage the facility in compliance with applicable rules and 
        regulations.  The administrator must establish procedures and 
        delegate authority for on-site operations in the administrator's 
        absence, but is ultimately responsible for the management of the 
        facility.  Each nursing home must have posted at all times the 
        name of the administrator and the name of the person in charge 
        on the premises in the absence of the licensed administrator. 
           (b) Notwithstanding sections 144A.18 to 144A.27, a nursing 
        home with a director of nursing serving as an unlicensed nursing 
        home administrator as of March 1, 2001, may continue to have a 
        director of nursing serve in that capacity, provided the 
        director of nursing has passed the state law and rules 
        examination administered by the board of examiners for nursing 
        home administrators and maintains evidence of completion of 20 
        hours of continuing education each year on topics pertinent to 
        nursing home administration.  The name of the person in charge 
        must be posted in a conspicuous place in the facility.  The 
        commissioner of health shall by rule promulgate minimum 
        education and experience requirements for persons-in-charge, and 
        may promulgate rules specifying the times of day during which a 
        licensed administrator must be on the nursing home's premises.  
        In the absence of rules adopted by the commissioner governing 
        the division of an administrator's time between two nursing 
        homes, the administrator shall designate and post the times the 
        administrator will be on site in each home on a regular basis.  
        A nursing home may employ as its administrator the administrator 
        of a hospital licensed pursuant to sections 144.50 to 144.56 if 
        the individual is licensed as a nursing home administrator 
        pursuant to section 144A.20 and the nursing home and hospital 
        have a combined total of 150 beds or less and are located within 
        one mile of each other.  A nonproprietary retirement home having 
        fewer than 15 licensed nursing home beds may share the services 
        of a licensed administrator with a nonproprietary nursing home, 
        having fewer than 150 licensed nursing home beds, that is 
        located within 25 miles of the retirement home.  A nursing home 
        which is located in a facility licensed as a hospital pursuant 
        to sections 144.50 to 144.56, may employ as its administrator 
        the administrator of the hospital if the individual meets 
        minimum education and long term care experience criteria set by 
        rule of the commissioner of health. 
           Sec. 2.  [REPEALER.] 
           Minnesota Statutes, section 144A.04, subdivisions 5a and 
        7a, and Minnesota Rules, part 4658.0055, subpart 2, are repealed.
           Presented to the governor April 30, 2001 
           Signed by the governor May 2, 2001, 2:50 p.m.